B2B – opt-out
It is permissible to send direct marketing SMS to corporate subscribers unless they have objected to receiving such messages.
B2c – Opt-in
French legislation does not make a difference between prospection by SMS or by e-mail, thus SMS advertising operates under the opt-in regime. It is not permissible to send marketing SMS to individual subscribers without their prior consent understood as a ‘free, specific and informed manifestation of consent to his personal data being used for direct marketing purposes’.
It is permissible to send marketing messages to an individual who is already a customer, if the email address has been obtained during a sale, the prospecting concerns products or services similar to those already provided by the company. The individual must be well informed and have the opportunity to object.
Governing law : Article L. 34-5 du Code des postes et des télécommunications ; Article L. 121-20-5 du Code de la consommation.
Sanctions: administrative fines may not exceed the amount of which may not exceed € 3,000 for a natural person and € 15,000 for a legal person.